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RR\1172863EN.docx PE627.726v03-00
EN United in diversity EN
European Parliament 2014-2019
Plenary sitting
A8-0478/2018
19.12.2018
REPORT
containing a motion for a non-legislative resolution on the draft Council
decision on the conclusion of the agreement in the form of an Exchange of
Letters between the European Union and the Kingdom of Morocco on the
amendment of Protocols 1 and 4 to the Euro-Mediterranean Agreement
establishing an association between the European Communities and their
Member States, of the one part, and the Kingdom of Morocco, of the other part
(10593/2018 – C8-0463/2018 – 2018/0256M(NLE))
Committee on International Trade
Rapporteur: Marietje Schaake
PE627.726v03-00 2/25 RR\1172863EN.docx
EN
PR_Consent_Motion
CONTENTS
Page
MOTION FOR A EUROPEAN PARLIAMENT NON-LEGISLATIVE RESOLUTION ....... 3
OPINION OF THE COMMITTEE ON FOREIGN AFFAIRS ............................................... 10
OPINION OF THE COMMITTEE ON AGRICULTURE AND RURAL DEVELOPMENT 15
POSITION IN THE FORM OF AMENDMENTS OF THE COMMITTEE ON
FISHERIES .............................................................................................................................. 20
PROCEDURE – COMMITTEE RESPONSIBLE ................................................................... 24
FINAL VOTE BY ROLL CALL IN COMMITTEE RESPONSIBLE .................................... 25
RR\1172863EN.docx 3/25 PE627.726v03-00
EN
MOTION FOR A EUROPEAN PARLIAMENT NON-LEGISLATIVE RESOLUTION
on the draft Council decision on the conclusion of the agreement in the form of an
Exchange of Letters between the European Union and the Kingdom of Morocco on the
amendment of Protocols 1 and 4 to the Euro-Mediterranean Agreement establishing an
association between the European Communities and their Member States, of the one
part, and the Kingdom of Morocco, of the other part
(10593/2018 – C8-0463/2018– 2018/0256M(NLE))
The European Parliament,
– having regard to the draft Council decision (10593/2018),
– having regard to the request for consent submitted by the Council in accordance with
Article 207(4) and Article 218(6), second subparagraph, point (a)(i), of the Treaty on
the Functioning of the European Union (C8-0463/2018),
– having regard to the Euro-Mediterranean Agreement establishing an association
between the European Union and its Member States, of the one part, and the Kingdom
of Morocco, of the other part,
– having regard to the Agreement between the EU and Morocco concerning reciprocal
liberalisation measures on agricultural products and fishery products, also referred to as
the Liberalisation Agreement, which entered into force on 1 September 2013,
– having regard to the General Court judgment (Case T-512/12) of 10 December 2015,
– having regard to the CJEU judgment (Case C-104/16 P) of 21 December 2016,
– having regard to Commission staff working document SWD(2018)0346 of 11 June
2018, which accompanies the proposal for a Council decision,
– having regard to the Vienna Convention on the Law of Treaties of 23 May 1969 and its
Articles 34 and 36,
– having regard to the report of the Secretary-General on the situation concerning
Western Sahara to the United Nations Security Council (S/2018/277),
– having regard to United Nations Security Council resolution 2414 (2018) on the
situation concerning Western Sahara (S/RES/2414 (2018)),
– having regard to the Charter of the United Nations, in particular to its Article 73 in
Chapter XI regarding Non-Self-Governing Territories,
– having regard to the Treaty on European Union, in particular its Article 21 in Chapter 1,
Title V,
– having regard to the Treaty on the Functioning of the European Union, in particular its
Article 218(6)(a),
PE627.726v03-00 4/25 RR\1172863EN.docx
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– having regard to its legislative resolution of ...1 on the draft Council decision,
– having regard to Rule 99(2) of its Rules of Procedure,
– having regard to the report of the Committee on International Trade, the opinions of the
Committee on Foreign Affairs and the Committee on Agriculture and Rural
Development, and the position in the form of amendments of the Committee on
Fisheries (A8-0478/2018),
A. whereas the European Union and the Kingdom of Morocco enjoy historical relations
and maintain close cooperation developed through a broad partnership that covers
political, economic and social aspects, as strengthened by the advanced status and the
willingness of both parties to further develop it;
B. whereas the Liberalisation Agreement between the EU and Morocco entered into force
on 1 September 2013; whereas the Front Polisario referred the agreement to the CJEU
on 19 November 2012 for violating international law in applying to the territory of
Western Sahara;
C. whereas on 10 December 2015 the first instance of the Court repealed the Council
decision to conclude the Liberalisation Agreement; whereas the Council unanimously
appealed this judgment on 19 February 2016;
D. whereas the CJEU General Court in its judgment of 21 December 2016 determined that
the Liberalisation Agreement did not provide a legal basis for Western Sahara to be
included, and therefore could not apply to this territory;
E. whereas paragraph 106 of the judgment states that the people of Western Sahara must
be regarded as a ‘third party’ to the agreement – within the meaning of the principle of
the relative effect of treaties – whose consent must be received for the implementation
of the agreement to the territory; whereas, therefore, this agreement could not extend its
application to the territory of Western Sahara in the absence of a further agreement;
F. whereas operators can still export to the European Union from Western Sahara, but
since 21 December 2016 tariff preferences do not apply to products originating from
this territory;
G. whereas there is insufficient information available that would enable the EU customs
authorities to determine whether products exported from Morocco originate in Western
Sahara, therefore preventing compliance with the CJEU ruling;
H. whereas, following the CJEU judgment, the Council gave the Commission a mandate to
modify protocols 1 and 4 of the Euro-Mediterranean Association Agreement in order to
allow for the inclusion of Western Saharan products; whereas their inclusion by
definition necessitates some form of traceability to identify such products;
I. whereas it is essential to ensure that the Agreement complies with the judgment of the
1 Texts adopted, P8_TA(0000)0000.
RR\1172863EN.docx 5/25 PE627.726v03-00
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Court of Justice of the European Union of 21 December 2016 in Case C-104/16P;
J. whereas the Commission and the European External Action Service (EEAS) consulted,
in Brussels and in Rabat, elected officials and several representatives and associations
of civil society from the non-self-governing territory of Western Sahara;
K. whereas Parliament considered it necessary to go and assess the situation at first hand
and gain an understanding of the different views of the people; whereas it recalled the
conclusions of the fact-finding INTA mission to the territory on 2 and 3 September
2018;
L. whereas the modification of the Liberalisation Agreement takes place within a broader
political and geopolitical context;
M. whereas, following the end of Spanish colonialisation of Western Sahara, the conflict in
the area has lasted for more than forty years;
N. whereas Western Sahara is considered by the United Nations as a non-decolonised
territory;
O. whereas United Nations Security Council resolution 2440 (2018) prolonged the
MINURSO mandate for an additional six-month period;
P. whereas the EU and its Member States do not recognise the sovereignty of Morocco
over the territory of Western Sahara; whereas the United Nations and the African Union
recognise the Front Polisario as the representative of the people of Western Sahara;
Q. whereas the United Nations lists Western Sahara as a Non-Self-Governing Territory for
the purposes of Article 73 of its Charter;
1. Recalls that Morocco is a privileged EU partner in the Southern Neighbourhood, with
which the EU has built up a strong, strategic and long-lasting partnership that covers
political, economic and social aspects, as well as security and migration; highlights that
Morocco has been granted advanced status within the European Neighbourhood Policy
(ENP);
2. Stresses that it is important for this agreement to give guarantees regarding respect for
international law, including human rights, and to comply with the relevant ruling by the
Court of Justice of the European Union;
3. Recalls the obligation under Article 21 of the Treaty on European Union (TEU) for the
EU and its Member States to respect the principles of the United Nations Charter and
international law; underlines, in this respect, that Article 2 of the UN Charter includes
respect for the principle of the self-determination of peoples;
4. Recalls that, according to Article 21 of the TEU, the Union’s action on the international
scene shall be guided by the principles of democracy, the rule of law, the universality
and indivisibility of human rights and fundamental freedoms and respect for the
principles of the United Nations Charter and international law;
PE627.726v03-00 6/25 RR\1172863EN.docx
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5. Stresses that this agreement does not imply any form of recognition of Morocco’s
sovereignty over Western Sahara, presently listed by the United Nations as a non-self-
governing territory, large parts of which are currently administered by the Kingdom of
Morocco, and insists that the EU’s position remains that of supporting UN efforts to
secure a just, lasting and mutually acceptable solution to the conflict in Western Sahara
that will provide for the self-determination of the people of Western Sahara, in
accordance with international law, the UN Charter and the relevant UN resolutions;
reiterates, therefore, its full support to the UN Secretary-General’s Personal Envoy for
Western Sahara, Mr Horst Köhler, in helping to bring the parties back to the UN
negotiation table in order to achieve this settlement; calls on the parties to resume these
negotiations without preconditions and in good faith; emphasises that ratification of the
amended Liberalisation Agreement between the EU and Morocco has to be strictly
without prejudice to the outcome of the peace process over Western Sahara;
6. Points out that a meeting of the parties involved in the conflict was held in Geneva in
early December on the initiative of the UN and with the participation of Algeria and
Mauritania, and hopes that meeting will help kick-start the peace process;
7. Recognises the two conditions set in the CJEU judgment, to explicitly mention Western
Sahara in the Agreement text and to obtain the consent of the people, as well as the third
criterion added by the Council which is the need to ensure that it benefits the local
population;
8. Stresses, as stated in the Commission report, that all reasonable and feasible steps have
been taken to inquire about the consent of the population concerned, through these
inclusive consultations;
9. Underlines that throughout the consultation process the Commission and the EEAS
maintained regular contact with the team of the UN Secretary-General’s Personal Envoy
for Western Sahara to ensure that the proposed agreement supports UN efforts to
achieve a lasting settlement;
10. Takes note of the legitimate interests of the people in the territory and believes that a
respected and accepted end to the ongoing conflict is required for the territory’s
economic development; is, at the same time, convinced that the Sahrawi people has the
right to develop while awaiting a political solution;
11. Notes, in talks with various local actors and civil society representatives, that some
parties express their support to the agreement by defending their right to economic
development, while others consider that the settlement of the political conflict should
precede the granting of trade preferences; notes that, during inclusive consultations led
by the Commission and the European External Action service (EEAS) with a range of
Western Saharan organisations and other organisations and bodies, majority support
was expressed, by the parties participating, for the socio-economic benefits the
proposed tariff preferences would bring;
12. Recalls that the CJEU did not specify in its judgment how the people’s consent has to
be expressed and considers therefore that some uncertainty remains as regards this
criterion;
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13. Recognises that the agreement can lead to the promotion of social and sustainable
development which makes a key contribution to current economic, social and
environmental development and to the potential creation of both low- and high-skilled
local employment opportunities; notes that an estimated 59 000 or so jobs are dependent
on exports, corresponding to roughly 10 % of the population living in the territory;
14. Believes that the EU tariff preferences have had a positive impact on the agricultural
and fisheries products sectors and their export levels in the non-self-governing territory
of Western Sahara; calls, however, for caution in checking that these produce local
value added, are locally re-invested, and provide decent work opportunities for the local
population;
15. Is convinced that, notwithstanding the outcome of the peace process, the local
population will profit from economic development and the spill-over effects created in
terms of investment in infrastructure, employment, health and education;
16. Acknowledges the existing investment in several sectors, and the endeavours to develop
green technologies such as renewables and the seawater desalination plant, but insists
that further efforts are necessary to ensure increased inclusion in all parts of the local
economy;
17. Recognises business initiatives by Sahrawis, especially those coming from young
people, many of whom are women, and highlights their need for extended export
opportunities and legal certainty in order to allow for further investment in sectors with
high employment demand, such as agriculture, fisheries and infrastructure;
18. Recognises the strategic potential of Western Sahara as an investment hub for the rest of
the African continent;
19. Warns of the adverse effects of the non-application of tariff preferences on products
from the non-self-governing territory of Western Sahara, and the message this sends to
the younger generation investing or willing to invest in the territory and its potential to
develop it; underlines the risk of activities being relocated to regions where they would
benefit from the preferences; notes that, according to the Commission, the non-
application of tariff preferences could worsen the economic and social situation of the
local population in the territories concerned;
20. Is convinced that an EU presence through, inter alia, this agreement is preferable to
withdrawal when it comes to engagement in promoting and monitoring of human rights
and individual freedoms, and demands a rigorous assessment and dialogue with
Morocco on these issues;
21. Recalls that other parts of the world that have a less ambitious approach to sustainable
development, high labour and social standards and human rights are knocking on the
door for new trade opportunities and will gain increased influence wherever the EU
withdraws;
22. Highlights that the EU’s ongoing engagement in the territory will have a positive
leverage effect on its sustainable development;
PE627.726v03-00 8/25 RR\1172863EN.docx
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23. Underlines that legal certainty is essential to attract sustainable and long-term
investment in the territory and hence for the dynamism and diversification of the local
economy;
24. Recalls that, since the CJEU judgment, Member States cannot legally apply trade
preferences to products from the non-self-governing territory of Western Sahara and
that the legal uncertainty affecting economic operators has to come to an end;
25. Is aware and very concerned that, until now, it has been extremely difficult to identify
which products are exported from the non-self-governing territory of Western Sahara;
26. Emphasises that a key criterion for Parliament before giving its consent to the
agreement is to ensure that a mechanism will be put in place for Member States’
customs authorities to have access to reliable information on products originating in
Western Sahara and imported into the EU, in full compliance with EU customs
legislation; emphasises that such a mechanism will make available detailed and
disaggregated statistical data provided timely on such exports; recognises the efforts
made by the Commission and Morocco to try to find a solution to this request and calls
on them to implement such a mechanism; calls on the Commission to use all corrective
measures available should the implementation of the agreement not be satisfactory;
27. Highlights that, without this agreement in force, including the mechanism allowing for
the identification of products, it will be impossible to know whether, and how many,
products originating in the non-self-governing territory of Western Sahara are entering
the European market;
28. Emphasises that the implementation of the provision agreed between the EU and
Morocco on the annual mutual exchange of information and statistics concerning
products covered by the Exchange of Letters is necessary to evaluate the scope of the
Agreement and its impact on development and local populations;
29. Calls on the Commission and the EEAS to closely monitor the implementation and
result of the agreement and to regularly report their findings to Parliament;
30. Points out that the EU and Morocco have negotiated, as set out in the initial agreement
concluded in 2012, an ambitious and comprehensive agreement on protecting the
geographical indications and designations of origin of agricultural products, processed
agricultural products, fish and fishery products that provides for the protection by
Morocco of the full list of the EU’s geographical indications; points out, furthermore,
that the procedure for concluding the agreement, which began in 2015, was suspended
following the Court’s judgment of 21 December 2016; calls on the EU and Morocco to
resume that procedure immediately and to return swiftly to the DCFTA negotiations;
31. Emphasises that the preferential treatment granted for certain Moroccan fruit and
vegetable exports to the EU under the agreement of 8 March 2012 concerning reciprocal
liberalisation measures on agricultural products, processed agricultural products, fish
and fishery products is a particularly sensitive matter for Europe’s horticulture industry;
32. Emphasises that access to the EU’s internal market by all third countries should comply
RR\1172863EN.docx 9/25 PE627.726v03-00
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with EU sanitary, phytosanitary, traceability and environmental rules and standards;
33. Asks the Commission to promote equivalency of measures and controls between
Morocco and the European Union in the area of sanitary, phytosanitary, traceability and
environmental standards as well as labelling of origin rules, in order to guarantee fair
competition between the two markets;
34. Recalls that the updated agreement does not alter the tariff rate quotas and the
preferential import regime previously established, and only provides European
producers with clarification on the geographical scope of the agreement;
35. Draws attention to the fact that some of the fruit and vegetables exported preferentially
to the EU under the terms of the agreement in question (including tomatoes and melons)
come from the territory of Western Sahara, and points out that ambitious plans have
been drawn up with a view to further developing such production and exports;
36. Takes note, nevertheless, of the clarification that the new agreement provides, and
hopes that it will be able henceforth to provide a clear, stable framework between the
parties of this agreement and for the economic operators concerned on both sides of the
Mediterranean;
37. Notes that the monitoring of sensitive agricultural products and the strict application of
quotas are fundamental to the balanced functioning of the agreement; points out that
Article 7 of Protocol 1 to the 2012 Agreement contains a safeguard clause making it
possible for appropriate steps to be taken where imports of large quantities of
agricultural products classed as sensitive under the agreement cause serious market
distortion and/or serious harm to the industry concerned; hopes that preferential imports
into the EU of sensitive agricultural products from Morocco and Western Sahara will be
subject to appropriate and broad monitoring by the Commission, and that the
Commission will still be ready to activate immediately the aforementioned clause where
an established need arises;
38. Takes note of the fact that EU fishing vessels operating in the waters concerned are
legally obliged to have a Vessel Monitoring System (VMS) and that it is mandatory to
transmit the position of a vessel to the Moroccan authorities, making it fully possible to
track the vessels and to record where their fishing activities take place;
39. Calls on the EU to step up efforts to foster regional cooperation among the Maghreb
countries, which can only have tremendous positive implications for the region and
beyond;
40. Points to the strategic need for the EU to engage more closely with the countries in the
Maghreb region and develop its ties with them; views the extension of the Association
Agreement in this context as a logical component of this strategy;
41. Instructs its President to forward this resolution to the Council, the Commission and the
European External Action Service.
PE627.726v03-00 10/25 RR\1172863EN.docx
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21.11.2018
OPINION OF THE COMMITTEE ON FOREIGN AFFAIRS
for the Committee on International Trade
on the proposal for a Council decision on the conclusion of the agreement in the form of an
exchange of letters between the European Union and the Kingdom of Morocco on the
amendment of Protocols 1 and 4 to the Euro-Mediterranean Agreement establishing an
association between the European Communities and their Member States, of the one part, and
the Kingdom of Morocco, of the other part
(2018/0256M(NLE))
Rapporteur for opinion: Anders Primdahl Vistisen
SUGGESTIONS
The Committee on Foreign Affairs calls on the Committee on International Trade, as the
committee responsible, to incorporate the following suggestions into its motion for a
resolution:
1. Recalls that Morocco is a privileged EU partner in the Southern Neighbourhood, with
which the EU has built up a strong, strategic and long-lasting partnership that covers
political, economic and social aspects, as well as security and migration; highlights that
Morocco has been granted advanced status within the European Neighbourhood Policy
(ENP);
2. Stresses that it is important for this agreement to give guarantees regarding respect for
international law, including human rights, and to comply with the relevant ruling by the
Court of Justice of the European Union;
3. Recalls the obligation under Article 21 of the Treaty on European Union (TEU) for the
EU and its Member States to respect the principles of the United Nations Charter and
international law; underlines, in this respect, that Article 2 of the UN Charter includes
respect for the principle of the self-determination of peoples;
4. Stresses that this agreement does not imply any form of recognition of Morocco’s
sovereignty over Western Sahara, presently listed by the United Nations as a non-self-
governing territory, large parts of which are currently administered by the Kingdom of
Morocco, and insists that the EU’s position remains that of supporting UN efforts to
RR\1172863EN.docx 11/25 PE627.726v03-00
EN
secure a just, lasting and mutually acceptable solution to the conflict in Western Sahara
that will provide for the self-determination of the people of Western Sahara, in
accordance with international law, the UN Charter and the relevant UN resolutions;
reiterates, therefore, its full support to the UN Secretary-General’s Personal Envoy for
Western Sahara, Mr Horst Köhler, in helping to bring the parties back to the UN
negotiation table in order to achieve this settlement; calls on the parties to resume these
negotiations without preconditions and in good faith;
5. Points out that a meeting of the parties involved in the conflict is to be held in Geneva
in early December on the initiative of the UN and with the participation of Algeria and
Mauritania, and hopes that meeting will help kick-start the peace process;
6. Notes that during inclusive consultations led by the Commission and the European
External Action Service (EEAS) with a range of Western Saharan political and socio-
economic actors, civil society organisations and other organisations and bodies,
majority support was expressed, by the parties participating, for the socio-economic
benefits the proposed tariff preferences would bring; notes that, according to the
Commission, the non-implementation of tariff preferences could deteriorate the
economic and social situation of the local population in the concerned territories;
7. Stresses, as stated in the Commission report, that all reasonable and feasible steps have
been taken to inquire about the consent of the population concerned, through these
inclusive consultations;
8. Underlines that throughout the consultation process the Commission and the EEAS
maintained regular contact with the team of the UN Secretary-General’s Personal Envoy
for Western Sahara to ensure that the proposed agreement supports UN efforts to
achieve a lasting settlement;
9. Calls on the EU to step up efforts to foster regional cooperation among the Maghreb
countries, which can only have tremendous positive implications for the region and
beyond;
10. Points to the strategic need for the EU to engage more closely with the countries in the
Maghreb region and develop its ties with them; views the extension of the Association
Agreement in this context as a logical component of this strategy;
11. Takes note of the exchange of letters and acknowledges the efforts of the Commission
and the EEAS in trying, within the remit of their competences, to evaluate the benefit
for the population and to ascertain their consent to this agreement; notes that the
agreement provides for a mutual and regular exchange of information between the EU
and Morocco; invites the Commission services to set up, with the Moroccan authorities,
the best mechanism to technically collect information on products coming from Western
Sahara;
12. Recalls that, according to Article 21 of the TEU, the Union’s action on the international
scene shall be guided by the principles of democracy, the rule of law, the universality
and indivisibility of human rights and fundamental freedoms and respect for the
principles of the United Nation Charter and international law; notes therefore that
consent can only be given when a clear intention to improve the human rights situation
PE627.726v03-00 12/25 RR\1172863EN.docx
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is shown.
RR\1172863EN.docx 13/25 PE627.726v03-00
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PROCEDURE – COMMITTEE ASKED FOR OPINION
Title Agreement in the form of an Exchange of Letters between the European
Union and the Kingdom of Morocco on the amendment of Protocols 1
and 4 to the Euro-Mediterranean Agreement establishing an association
between the European Communities and their Member States, of the
one part, and the Kingdom of Morocco, of the other part
References 2018/0256M(NLE)
Committee responsible
INTA
Opinion by
Date announced in plenary
AFET
13.9.2018
Rapporteur
Date appointed
Anders Primdahl Vistisen
20.6.2018
Date adopted 21.11.2018
Result of final vote +:
–:
0:
43
15
2
Members present for the final vote Michèle Alliot-Marie, Nikos Androulakis, Petras Auštrevičius, Bas
Belder, Victor Boştinaru, Elmar Brok, Klaus Buchner, James Carver,
Lorenzo Cesa, Georgios Epitideios, Eugen Freund, Michael Gahler,
Iveta Grigule-Pēterse, Sandra Kalniete, Tunne Kelam, Wajid Khan,
Andrey Kovatchev, Eduard Kukan, Arne Lietz, Sabine Lösing, Andrejs
Mamikins, David McAllister, Francisco José Millán Mon, Javier Nart,
Pier Antonio Panzeri, Demetris Papadakis, Ioan Mircea Paşcu, Alojz
Peterle, Tonino Picula, Kati Piri, Julia Pitera, Cristian Dan Preda, Jozo
Radoš, Michel Reimon, Sofia Sakorafa, Jean-Luc Schaffhauser, Anders
Sellström, Alyn Smith, Jordi Solé, Dobromir Sośnierz, Jaromír Štětina,
Dubravka Šuica, Charles Tannock, László Tőkés, Miguel Urbán
Crespo, Ivo Vajgl, Anders Primdahl Vistisen
Substitutes present for the final vote Doru-Claudian Frunzulică, Ana Gomes, Takis Hadjigeorgiou, Marek
Jurek, Antonio López-Istúriz White, David Martin, Gilles Pargneaux,
José Ignacio Salafranca Sánchez-Neyra, Marietje Schaake, Eleni
Theocharous, Bodil Valero, Mirja Vehkaperä, Željana Zovko
PE627.726v03-00 14/25 RR\1172863EN.docx
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FINAL VOTE BY ROLL CALL IN COMMITTEE ASKED FOR OPINION
43 +
ALDE Petras Auštrevičius, Iveta Grigule-Pēterse, Javier Nart, Jozo Radoš, Marietje Schaake,
Mirja Vehkaperä
ECR Bas Belder, Marek Jurek, Charles Tannock, Eleni Theocharous, Anders Primdahl
Vistisen
ENF Jean-Luc Schaffhauser
PPE Michèle Alliot-Marie, Elmar Brok, Lorenzo Cesa, Michael Gahler, Sandra Kalniete,
Tunne Kelam, Andrey Kovatchev, Eduard Kukan, Antonio López-Istúriz White, David
McAllister, Francisco José Millán Mon, Alojz Peterle, Julia Pitera, Cristian Dan Preda,
José Ignacio Salafranca Sánchez-Neyra, Anders Sellström, Jaromír Štětina, Dubravka
Šuica, László Tőkés, Željana Zovko
S&D Nikos Androulakis, Victor Boştinaru, Doru-Claudian Frunzulică, Wajid Khan, Andrejs
Mamikins, David Martin, Pier Antonio Panzeri, Demetris Papadakis, Gilles Pargneaux,
Ioan Mircea Paşcu, Tonino Picula
15 -
ALDE Ivo Vajgl
GUE/NGL Takis Hadjigeorgiou, Sabine Lösing, Sofia Sakorafa, Miguel Urbán Crespo
NI Georgios Epitideios, Dobromir Sośnierz
S&D Eugen Freund, Ana Gomes, Kati Piri
VERTS/ALE Klaus Buchner, Michel Reimon, Alyn Smith, Jordi Solé, Bodil Valero
2 0
NI James Carver
S&D Arne Lietz
Key to symbols:
+ : in favour
- : against
0 : abstention
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14.11.2018
OPINION OF THE COMMITTEE ON AGRICULTURE AND RURAL DEVELOPMENT
for the Committee on International Trade
on the draft Council decision on the conclusion of the agreement in the form of an Exchange
of Letters between the European Union and the Kingdom of Morocco on the amendment of
Protocols 1 and 4 to the Euro-Mediterranean Agreement establishing an association between
the European Communities and their Member States, of the one part, and the Kingdom of
Morocco, of the other part
(2018/0256M(NLE))
Rapporteur for opinion: Michel Dantin
SUGGESTIONS
The Committee on Agriculture and Rural Development calls on the Committee on
International Trade, as the committee responsible, to incorporate the following suggestions
into its motion for a resolution:
1. Emphasises that the preferential treatment granted for certain Moroccan fruit and
vegetable exports to the EU under the agreement of 8 March 2012 concerning reciprocal
liberalisation measures on agricultural products, processed agricultural products, fish
and fishery products is a particularly sensitive matter for Europe’s horticulture industry;
2. Emphasises, furthermore, that in its opinion adopted on 13 July 2011 as part of the
consent procedure in Parliament relating to the agreement, the Committee on
Agriculture and Rural Development recommended that consent should not be given;
3. Notes that most of the concerns expressed in the opinion voted in 2011 are, from the
point of view of the European horticulture industry, still relevant today, in what is a
difficult and volatile period for the industry, as a result of, among other things, the
ongoing Russian embargo and the continued use of European agriculture as a
bargaining chip in international trade negotiations;
4. Emphasises that access to the EU’s internal market by all third countries should comply
with EU sanitary, phytosanitary, traceability and environmental rules and standards;
5. Emphasises that there are still major competitiveness issues and risks of market
PE627.726v03-00 16/25 RR\1172863EN.docx
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distortions for European producers owing to the wide divergences compared with
Moroccan producers in terms of overall production costs, working conditions, and
sanitary, phytosanitary and environmental standards;
6. Asks the Commission to promote equivalency of measures and controls between
Morocco and the European Union in the area of sanitary, phytosanitary, traceability and
environmental standards as well as labelling of origin rules, in order to guarantee fair
competition between the two markets;
7. Recalls that the updated agreement does not alter the tariff rate quotas and the
preferential import regime previously established, and only provides European
producers with clarification on the geographical scope of the agreement;
8. Regrets the fact that the provisions adopted in Regulation (EU) No 1308/2013 (single
CMO) with a view to overcoming problems encountered in the correct application of
the entry prices of fruit and vegetable imports from Morocco are becoming ineffective
for the higher categories, the so-called ‘baby’ varieties, which have much higher
marketing prices but are attributed a standard product value upon entry to the EU, as is
the case with cherry tomatoes; calls on the Commission to put an end to this anomaly;
9. Draws attention to the fact that some of the fruit and vegetables exported preferentially
to the EU under the terms of the agreement in question (including tomatoes and melons)
come from the territory of Western Sahara, and points out that ambitious plans have
been drawn up with a view to further developing such production and exports;
10. Regrets the legal uncertainty that has arisen since the Court of Justice judgment of 21
December 2016; is concerned that the Commission has been unable to provide reliable
and detailed data on preferential imports of products from Western Sahara that may
have been carried out since that date, in spite of the judgment in question; wonders what
the cost has been to the EU budget of any preferences granted during the period
concerned without a valid legal basis; in the absence of sufficient comparative
information, is doubtful whether the Commission is able to assess the impact of the
proposed new agreement properly and therefore calls for swift implementation of the
exchange of information provided for in the exchange of letters;
11. Takes note, nevertheless, of the clarification that the new agreement provides, and
hopes that it will be able henceforth to provide a clear, stable framework between the
parties of this agreement and for the economic operators concerned on both sides of the
Mediterranean;
12. Is doubtful whether the distinction drawn in the new agreement between products from
the Sahara and those from Morocco is relevant from a customs and trade perspective,
setting the obvious political aspects aside; notes, in particular, that in the new agreement
there is no allocation of the tariff rate quotas laid down in the initial agreement, and
that, in terms of access to the preferences granted by the EU, it will therefore not make
any difference whatsoever whether or not products are of Sahrawi origin;
13. Notes that the monitoring of sensitive agricultural products and the strict application of
quotas are fundamental to the balanced functioning of the agreement; points out that
Article 7 of Protocol 1 to the 2012 Agreement contains a safeguard clause making it
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possible for appropriate steps to be taken where imports of large quantities of
agricultural products classed as sensitive under the agreement cause serious market
distortion and/or serious harm to the industry concerned; hopes that preferential imports
into the EU of sensitive agricultural products from Morocco and Western Sahara will be
subject to appropriate and broad monitoring by the Commission, and that the
Commission will still be ready to activate immediately the aforementioned clause where
an established need arises;
14. Points out that the EU and Morocco have negotiated, as set out in the initial agreement
concluded in 2012, an ambitious and comprehensive agreement on protecting the
geographical indications and designations of origin of agricultural products, processed
agricultural products, fish and fishery products that provides for the protection by
Morocco of the full list of the EU’s geographical indications; points out, furthermore,
that the procedure for concluding the agreement, which began in 2015, was suspended
following the Court’s judgment of 21 December 2016; calls for that procedure to be
resumed immediately and finalised as soon as possible in conjunction with the
conclusion of the agreement considered in this opinion;
15. Calls on the Commission to meet with Parliament’s Committee on Agriculture and
Rural Development as soon as possible to give a presentation on the current state of
play of agricultural trade between the EU and Morocco, including an assessment of the
impact of the agreement on European producers, and particularly on farmers’ incomes,
and a presentation on the forthcoming conclusion of the agreement on geographical
indications.
PE627.726v03-00 18/25 RR\1172863EN.docx
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PROCEDURE – COMMITTEE ASKED FOR OPINION
Title Agreement in the form of an Exchange of Letters between the European
Union and the Kingdom of Morocco on the amendment of Protocols 1
and 4 to the Euro-Mediterranean Agreement establishing an association
between the European Communities and their Member States, of the
one part, and the Kingdom of Morocco, of the other part
References 2018/0256M(NLE)
Committee responsible
INTA
Opinion by
Date announced in plenary
AGRI
13.9.2018
Rapporteur
Date appointed
Michel Dantin
30.8.2018
Date adopted 12.11.2018
Result of final vote +:
–:
0:
23
8
2
Members present for the final vote John Stuart Agnew, Clara Eugenia Aguilera García, Eric Andrieu, José
Bové, Daniel Buda, Matt Carthy, Jacques Colombier, Michel Dantin,
Paolo De Castro, Albert Deß, Diane Dodds, Norbert Erdős, Luke Ming
Flanagan, Karine Gloanec Maurin, Martin Häusling, Peter Jahr,
Jarosław Kalinowski, Zbigniew Kuźmiuk, Norbert Lins, Philippe
Loiseau, Giulia Moi, Ulrike Müller, Maria Noichl, Marijana Petir,
Maria Lidia Senra Rodríguez, Czesław Adam Siekierski, Tibor Szanyi,
Maria Gabriela Zoană, Marco Zullo
Substitutes present for the final vote Franc Bogovič, Angélique Delahaye, Anthea McIntyre, Momchil
Nekov, Hilde Vautmans, Miguel Viegas, Thomas Waitz
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FINAL VOTE BY ROLL CALL IN COMMITTEE ASKED FOR OPINION
23 +
ALDE Ulrike Müller, Hilde Vautmans
ECR Zbigniew Kuźmiuk, Anthea McIntyre
EFDD John Stuart Agnew, Marco Zullo
ENF Jacques Colombier, Philippe Loiseau
NI Diane Dodds
PPE Franc Bogovič, Daniel Buda, Michel Dantin, Angélique Delahaye, Albert Deß, Norbert
Erdős, Peter Jahr, Norbert Lins, Marijana Petir, Czesław Adam Siekierski
S&D Clara Eugenia Aguilera García, Paolo De Castro, Karine Gloanec Maurin, Maria
Gabriela Zoană
8 -
GUE/NGL Matt Carthy, Luke Ming Flanagan, Maria Lidia Senra Rodríguez, Miguel Viegas
S&D Maria Noichl
VERTS/ALE José Bové, Martin Häusling, Thomas Waitz
2 0
EFDD Giulia Moi
S&D Eric Andrieu
Key to symbols:
+ : in favour
- : against
0 : abstention
PE627.726v03-00 20/25 RR\1172863EN.docx
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27.11.2018
POSITION IN THE FORM OF AMENDMENTS OF THE COMMITTEE ON FISHERIES
for the Committee on International Trade
on the motion for a non-legislative resolution on the proposal for a Council decision on the
conclusion of the agreement in the form of an Exchange of Letters between the European
Union and the Kingdom of Morocco on the amendment of Protocols 1 and 4 to the Euro-
Mediterranean Agreement establishing an association between the European Communities
and their Member States, of the one part, and the Kingdom of Morocco, of the other part
(2018/0256M(NLE))
On behalf of the Committee on Fisheries: Nils Torvalds (rapporteur)
Position
AMENDMENTS
The Committee on Fisheries presents the following amendments to the Committee on
International Trade, as the committee responsible:
Amendment 1
Motion for a resolution
Paragraph 18
Motion for a resolution Amendment
18. Is deeply concerned that is basically
impossible to identify which products are exported
from the non-autonomous territory of Western
Sahara;
18. Is deeply concerned that it is basically
impossible to identify which products are exported
from the non-autonomous territory of Western
Sahara, with the exception of fisheries products
from the Western Sahara area determined by the
Convention on the Law of the Sea rules on
territorial and adjacent waters and EEZs, which
can be easily traced throughout the chain;
Amendment 2
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Motion for a resolution
Paragraph (new)
Motion for a resolution Amendment
Recalls the CJEU judgment of 27
February 2018 (Case C-266/16) on the
Fisheries Agreement and the Protocol –
which was in force from 15 July 2014 to
14 July 2018 – between the EU and
Morocco, stating that the Agreement is
valid with regard to Moroccan waters but
that it cannot include Western Sahara
and its adjacent waters;
Amendment 3
Motion for a resolution
Paragraph (new)
Motion for a resolution Amendment
Takes note of the fact that EU fishing vessels
operating in the waters concerned are legally
obliged to have a Vessel Monitoring System (VMS)
and that it is mandatory to transmit the position of
a vessel to the Moroccan authorities, making it
fully possible to track the vessels and to record
where their fishing activities take place;
Amendment 4
Motion for a resolution
Paragraph (new)
Motion for a resolution Amendment
Invites the customs authorities of the Member
States to implement all the administrative
cooperation mechanisms provided for in Title V of
Protocol No 4 in the event of doubts as to the
actual source (Saharawi or Moroccan) of the
goods presented for import;
Amendment 5
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Motion for a resolution
Paragraph (new)
Motion for a resolution Amendment
Emphasises that a precondition for Parliament to
give its consent to the agreement is to ensure that
there will be a mechanism in place to trace
products, including fisheries products, from
Western Sahara or its adjacent waters, so that
Member States’ customs authorities, as well as
consumers, have a clear indication of their origin;
calls for the EU and Morocco to swiftly present a
viable solution to this end; expects the
Commission to present proposals to achieve this
objective;
Amendment 6
Motion for a resolution
Paragraph (new)
Motion for a resolution Amendment
Notes that under the agreement, ‘products
originating in Western Sahara subject to
controls by the Moroccan customs
authorities’ benefit from the trade
preferences under this agreement, and
therefore that fishery products processed
in the part of Western Sahara outside
Moroccan control may not benefit from
tariff preferences; expects the
Commission to clarify the territorial scope
of the agreement and to ensure that
fishing sector operators in, and fishery
products from, the part of Western Sahara
outside Moroccan control are not
discriminated against as a result of this
agreement;
Amendment 7
Motion for a resolution
Paragraph (new)
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Motion for a resolution Amendment
Deplores the legal uncertainty that has resulted
from the judgment of the Court of Justice of 21
December 2016; is concerned about the
Commission’s inability to provide reliable data on
preferential imports of fishery products from
Western Sahara that may have occurred since that
date despite the judgment in question; questions
the extent of the damage to the Union budget of
any preferences granted without a valid legal basis
during this period;
PE627.726v03-00 24/25 RR\1172863EN.docx
EN
PROCEDURE – COMMITTEE RESPONSIBLE
Title Agreement in the form of an Exchange of Letters between the European
Union and the Kingdom of Morocco on the amendment of Protocols 1
and 4 to the Euro-Mediterranean Agreement establishing an association
between the European Communities and their Member States, of the
one part, and the Kingdom of Morocco, of the other part
References 2018/0256M(NLE)
Date of consultation / request for consent 6.9.2018
Committee responsible
Date announced in plenary
INTA
13.9.2018
Committees asked for opinions
Date announced in plenary
AFET
13.9.2018
AGRI
13.9.2018
PECH
13.9.2018
Rapporteurs
Date appointed
Marietje
Schaake
10.12.2018
Previous rapporteurs Patricia Lalonde
Discussed in committee 5.11.2018
Date adopted 10.12.2018
Result of final vote +:
–:
0:
24
9
3
Members present for the final vote Laima Liucija Andrikienė, Maria Arena, Tiziana Beghin, David
Borrelli, Daniel Caspary, Salvatore Cicu, Karoline Graswander-Hainz,
Christophe Hansen, France Jamet, Elsi Katainen, Jude Kirton-Darling,
Bernd Lange, Anne-Marie Mineur, Sorin Moisă, Alessia Maria Mosca,
Franck Proust, Godelieve Quisthoudt-Rowohl, Inmaculada Rodríguez-
Piñero Fernández, Tokia Saïfi, Marietje Schaake, Helmut Scholz,
Joachim Schuster, Joachim Starbatty, Adam Szejnfeld, Iuliu Winkler
Substitutes present for the final vote Sajjad Karim, Gabriel Mato, Georg Mayer, Ralph Packet, Johannes
Cornelis van Baalen, Jarosław Wałęsa
Substitutes under Rule 200(2) present
for the final vote
Paloma López Bermejo, Javier Nart, Anders Sellström, Miguel Urbán
Crespo, Marco Zullo
Date tabled 20.12.2018
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FINAL VOTE BY ROLL CALL IN COMMITTEE RESPONSIBLE
24 +
ALDE Johannes Cornelis van Baalen, Elsi Katainen, Javier Nart, Marietje Schaake
ECR Sajjad Karim, Ralph Packet, Joachim Starbatty
EFDD Tiziana Beghin, Marco Zullo
PPE Laima Liucija Andrikienė, Daniel Caspary, Salvatore Cicu, Christophe Hansen, Gabriel
Mato, Sorin Moisă, Franck Proust, Godelieve Quisthoudt-Rowohl, Tokia Saïfi, Adam
Szejnfeld, Jarosław Wałęsa, Iuliu Winkler
S&D Bernd Lange, Alessia Maria Mosca, Inmaculada Rodríguez-Piñero Fernández
9 -
ENF France Jamet
GUE/NGL Paloma López Bermejo, Anne-Marie Mineur, Helmut Scholz, Miguel Urbán Crespo
S&D Maria Arena, Karoline Graswander-Hainz, Jude Kirton-Darling, Joachim Schuster
3 0
ENF Georg Mayer
NI David Borrelli
PPE Anders Sellström
Key to symbols:
+ : in favour
- : against
0 : abstention